Introduction

Food safety is an increasingly important public health issue and according
to the WHO, governments all over the world are intensifying their efforts to
improve food safety. The globalisation of trade in food is one of the
challenges, which needs to be addressed to ensure food safety and the
protection of a country’s consumers against foodborne diseases. As a result of
the ever-increasing global trade, many outbreaks of foodborne diseases and
other illnesses that were once contained within a small community may now take
on global dimensions. Examples of this are the recent problems experienced by
the United Kingdom as a result of the incidence related to mad cow disease,
and that of Belgium regarding the dioxin contamination of products, which were
exported to many countries, including South Africa.

However, the present-day international trade in food is playing an
increasingly important role in the provision of safe and nutritious diets for
the world’s populations. As for South Africa, it provides, amongst others, for
its neighbours and other SADC and African trading partners opportunities to
earn much-needed foreign exchange through food exports. This is indispensable
for the economic development of many countries, especially developing
countries, including African countries, where agriculture is in many cases the
main sector of the economy, thus improving the standard of living for many
people on the continent.

Scope and Purpose of the Guidelines

As a result of various developments regarding the harmonization of trade,
both globally and regionally within SADC and the rest of Africa, a significant
increase in foodstuffs being imported into this country has already been
experienced and is expected to continue in the future. This is especially true
for the fourteen SADC member states as a result of the Free Trade Agreement
signed by all the members, excluding the DRC, Seychelles and Angola. The
Agreement was implemented from September 2000 and a list of all the SADC
member states is included as Annexure A.

In view of the above-mentioned, the Department of Health, Directorate: Food
Control has identified a need for the development of these guidelines. The
drafting of this document is therefore one of the steps in a process, which
will attempt to ensure the participation of and inputs from all the role
players involved in this matter.

During the finalisation of the guidelines, however, the envisaged changes
related to the rendering of services, (including Port Health Services) at
district level within the provinces, as well as that which may result from the
proposed transformation of the food control system for the country, should be
kept in mind.

The purpose of the guidelines is, firstly, to create uniformity regarding
the control and procedures to be implemented to ensure that the various health
authorities within the national health system fulfil their obligations with
regard to the food safety control of consignments of foodstuffs entering the
country through land ports of entry. With the exception of the Gauteng and
Western Cape Provinces, all the remaining provinces share a direct border with
one or more of the country’s neighbours.

The opportunity therefore, exists for foodstuffs to enter through any of
the land ports of entry designated by SARS (Customs Division) of the
Department of Finance to deal with commercial goods. A list of the designated
land ports of entry per province is included as Annexure B.

Secondly, the guidelines are aimed at establishing, where possible,
co-operation between the role players within the health sector and other
authorities involved in border control. The role played by the National
Inter-Departmental Structure (NIDS) for Border Control functioning at the
various levels of control within South Africa, provides an ideal opportunity
for the various health authorities, (national, provincial and district
levels), to co-operate with the following Departments, which are represented
by full-time personnel at all the designated land ports of entry:

Although the National Department of Agriculture at present does not have
full-time personnel at all the designated land ports of entry, the Department
is in the process of appointing more personnel, as well as where possible,
arrange for the available officers to render services at more than one post.

Provisions and Applications of the Foodstuffs, Cosmetics and Disinfectants
Act, 1972 (Act 54/1972)

The Act is the most important set of health legislation aimed at inter
alia, addressing the safety of all foodstuffs manufactured, sold or
imported into the country. Apart from the legislative authority of the
Minister of Health to promulgate regulations on those matters specified in the
Act, it empowers the Director-General of the Department to execute the
following actions in respect of imported foodstuffs:

Authorise persons as inspectors

Authorise persons as analysts

Concur with Customs and Excise to remove imported foodstuffs to a place
approved in terms of this subsection and makes an order in respect thereof

Decide that payment to be made by an importer of foodstuffs is
acceptable and to accept a guarantee by means of the completion and signing
by the importer of form GW 22/6

Order by means of the completion of form GW 22/3 that imported
foodstuffs be:

confiscated and destroyed

returned to port of shipment or place of origin

may be imported on certain conditions

shall be dealt with in a specific manner

An example of the Guarantee form (GW 22/6) and the Order form (GW 22/3) are
included as Annexure C.

All imported foodstuffs must meet the compositional, labelling and other
requirements as specified by the comprehensive set of regulations promulgated
by the Minister in terms of the Act and of which a detailed list of the
regulations presently enacted is included in Annexure D. At present, no prior
certification of imported foodstuffs is required in terms of the mentioned Act
and it is the responsibility of the importer to ensure that the products
imported meet the provisions of both the Act and the regulations before it
enters the country.

The responsibilities of the national Department of Health as determined by
the Act and indicated above, is handled by the Directorate: Food Control, of
which the contact details are as follows:

The rendering of Port Health Services as a component of a comprehensive
Environmental Health Service, including the health related inspection and
monitoring of the safety of imported foodstuffs in terms of the Act, are the
function of the nine provincial authorities. Presently the control of imported
foodstuffs, although remaining the statutory responsibility of the national
Department of Health as indicated, is handled on behalf of the Department by
the relevant personnel of the provinces.

Included, as Annexure E, is an address list of the head offices of the nine
provinces, including contact details of the Environmental Health components.

The Act makes provision for persons employed as Customs and Excise Control
officers by SARS and as law enforcement officers by the SAPS to act as
inspectors in terms of the Act (Section 10), and to carry out the powers,
duties and functions of an inspector as stipulated under Section 11. This is
also with respect to the control of imported foodstuffs as described above. In
view of the fact that officers of both the mentioned Departments are already
stationed at the designated land ports of entry, the opportunity should be
utilised by the health sector to consider co-operating with their colleagues
from these departments regarding the control of imported foodstuffs. An
extract of Sections 10 and 11 of the Act is included as Annexure F for
reference purposes.

Codex Alimentarius Commission, SPS/TBT Measures and Related Matters

The Joint FAO/WHO Codex Alimentarius Commission (Codex in short), was
established in 1962 to protect the health of consumers and at the same time to
ensure fair practices in food trade by promoting the harmonisation of food
standards applied by the various members of Codex.

The WTO Agreement on the Application of Sanitary and Phytosanitary Measures
(in short the SPS Agreement), was drawn up to ensure that countries apply
measures to protect human and animal health (sanitary measures) and plant
health (phytosanitary measures) based on science. The SPS Agreement therefore,
incorporates safety aspects of foods in trade. Another WTO Agreement, the
Agreement on Technical Barriers to Trade (in short the TBT Agreement) covers
all technical requirements and standards applied to all commodities, such as
labelling of foodstuffs that are not covered by the SPS Agreement.

For food safety, the SPS Agreement recognises, as the international
reference, the standards, guidelines and recommendations established by Codex.
As long as a country employs these standards, its measures are presumed to be
consistent with the SPS Agreement.

The SADC Trade Negotiation Forum (TNF) is the Forum responsible for the
negotiations on a Southern Africa Free Trade Agreement (SAFTA) in terms of the
SADC ‘Protocol on Trade’ implemented from September 2000. The TNF, in
accordance with Article 16 and 17 of the Protocol in question recommended the
establishment of a permanent SADC Coordinating Committee on SPS/TBT Measures
for Agricultural Products and related Commodities (CC-SPS/TBT), as a support
mechanism to the implementation of the Protocol. The aim of the CC-SPS/TBT is
to provide guidance, advice, assistance and leadership in the development of
SPS/TBT measures to promote trade. Such measures should be in harmony with
existing international standards, guidelines and recommendations to, amongst
others, facilitate the free flow of agricultural goods, such as foods, between
SADC member states, while protecting human, animal and plant health and the
environment of individual States.

The national Department of Health, Directorate: Food Control, through the
National SPS Committee of the National Department of Agriculture participates
at present in the above-mentioned SADC initiatives and has contributed to the
development of the Terms of Reference for the CC-SPS/TBT accepted by the
Ministerial Council of SADC.

Provincial/district health authorities exercising food safety control at
land ports of entry in terms of Act 54 of 1972, as described earlier, needs to
take cognisance of the mentioned developments regarding SPS/TBT measures
within SADC. Foodstuffs entering the country should comply in all respects to
the requirements of the Act which, in turn, should as far as possible be based
on the standards, guidelines and recommendations of Codex.

To prevent the mentioned health authorities from taking decisions which may
not be in line with Codex, or which may lead to a dispute between South Africa
and the exporting country, health authorities should, if uncertain regarding
the requirements applicable to a specific consignment of foodstuffs, contact
the Directorate: Food Control for advice and/or assistance.

Inter-Sectoral Arrangements and Operational Procedure for the Control of
Foodstuffs at Land Ports of Entry

The organisation of NIDS: Border Control consists of various structures at
a national level where, amongst others, all the Departments mentioned earlier,
including the national Department of Health, Directorate: Environmental
Health, are represented. A Task Team for Accommodation at Land Ports of Entry,
on which the Department of Health is also represented, is part of the national
structure. For each of the land ports, an OPCO and IMCO structure has been
created on which a representative of the mentioned Departments are serving.
Included as Annexure G are details of all the OPCO’s and IMCO’s members, as
well as their contact details.

At present none of the provinces have full-time personnel stationed at any
of the land ports of entry listed in Annexure B to attend to food safety
control as required by Act 54 of 1972 regarding consignments of foodstuffs
entering the country from neighbouring states. The Restrictive List
document of SARS clearly indicates what food products controlled by the Act
should be detained for Port Health clearance before released to the
importer/owner. Due to the absence of health personnel, or the lack of an
arrangement to be notified whenever such products enter the country, no food
safety control takes place at present at any of the land ports of entry. The
following factors contribute to the situation as described:

Lack of resources (human resources and funds) available on the budgets
for Environmental Health of the seven provinces in whose areas the
designated inland border posts (see Annexure B) are situated to
appoint/allocate full-time personnel for food safety control at these land
ports.

With the exception of two or three of the designated land ports, the
number of consignments of foodstuffs entering the country through the
remaining border posts at present does not justify full-time health
personnel to be available or stationed at those ports.

Lack of participation of the district health personnel responsible for
food safety control of imported foodstuffs in the structures of NIDS: Border
Control existing and operating at each of the land ports of entry.

Lack of liaison/consultation by the district health personnel with the
officers of other departments, such as Agriculture, Customs, SAPS, stationed
at land ports on possible assistance they can provide related to food safety
control.

The inspection and/or investigation of consignments of foodstuffs for food
safety control purposes do not necessarily need to be carried out at the time
such a consignment arrives at any of the border posts. Act 54 of 1972 (Section
14) provides for a procedure whereby the health personnel responsible for the
food safety control of the consignment can grant an ‘extended health
detention’ to the importer and/or owner.

In view of the aforementioned, taking into account the factors as listed
above, it is clear that a need exists for the health authorities at the
national, provincial and district levels responsible for the provisions of Act
54 of 1972, to develop and implement measures which will ensure that this
matter is more effectively attended to. Such measures will under the
circumstances depend on inter-sectoral co-operation between the various
departments and a procedure needs to be discussed and agreed upon between the
district health personnel and the full-time personnel of the other departments
stationed at the various land ports. This should be initiated by the mentioned
health personnel, by ensuring their participation in the structures of NIDS at
all the designated land ports.

For the purpose of granting extended health detention for consignments of
foodstuffs the Directorate: Food Control has developed a notification form
specifically to be utilised for food safety control at land ports of entry. An
example of the notification form is included as Annexure H and the purpose
thereof will be described in more detail under the operational procedure,
which follows.

To assist the health personnel in question and to ensure uniformity
countrywide regarding the mentioned inter-sectoral arrangements, an
operational procedure consisting of the following steps and process is
proposed:

District health personnel make contact with the NIDS IMCO’s of the
designated land ports situated within their areas of responsibility and
request to participate as a member to make inputs on Port Health in general
and on food safety control specifically.

District health personnel request through the IMCO’s, or on an
officer-to-officer basis assistance from other departments stationed at the
relevant land ports with regard to the notification of all consignments of
foodstuffs entering the country. This is done by the completion of the
notification form included as Annexure F and faxing it on a need-to basis,
but at least weekly, to the office of the Directorate: Food Control as
indicated on the form.

As most of the consignments in question are expected to be on route to
destinations outside the province where it has entered the country,
therefore to be offloaded at a premises situated within another province,
the Directorate: Food Control will be responsible for notifying the latter
by faxing the notification to the head office of that province, for
attention.

The provincial head office will be responsible for notifying the
district health office in whose area of jurisdiction the consignment will be
offloaded, who will be responsible for carrying out the
inspection/investigation of the consignment in question.

When necessary, the district health office will inform the provincial
head office of any problems experienced during the release of the
consignment. The head office will inform the Directorate: Food Control, who
will in turn bring the matter to the attention of the relevant district
personnel where the consignment entered the country. Otherwise, if
necessary, the Directorate will inform all provinces to take note of the
matter and/or revise the procedure to prevent any future occurrence thereof.

Taking into account the arrangements regarding the SPS/TBT measures
within SADC as described earlier; in the event of a district’s health
personnel rejecting a consignment of foodstuffs imported from any of the
SADC member States, keeping in mind that an order should be issued (GW
22/3), which must be signed by the Director: Food Control, the mentioned
Directorate must further be fully informed of the circumstances related to
such actions.

The main role of the Directorate: Food Control as described in the above
procedure, is to act as a link between the various provinces through which
foodstuffs enter the country and those to which it is it destined, as well as
to co-ordinate any aspect which may impact on the arrangements within SADC in
this regard.

Conclusion

These guidelines are the first attempt to formally address the issue in
question and the success of the application of its contents clearly depends on
the will of and good co-operation between the district health personnel and
that of the other departments who have full-time personnel stationed at the
designated land ports of entry.

To fulfil its statutory obligations regarding the food safety control of
imported foodstuffs, as well as to ensure that proper measures are implemented
to enhance free trade within SADC, but at the same time to also fulfil its
obligation to protect the health of consumers as provided for by the relevant
SPS/TBT measures, it is hoped that these guidelines will provide the necessary
support to all the role players within the national health system.

References

Food Safety and Globalisation of Trade in Food, a Challenge to the Public
Health Sector.

ANNEXURE A

Southern African Development Community

SADC Profile

Originally known as the Southern African Development Coordination Conference
(SADCC), the Organisation was formed in Lusaka, Zambia, on April 1, 1980,
following the adoption of the Lusaka Declaration – Southern Africa: Towards
Economic Liberation by the nine founding members. The Declaration and Treaty
establishing the Southern African Development Community (SADC), which has
replaced the Coordination Conference, was signed on August 17, 1992 in Windhoek,
Namibia.

Member States are:

Angola

Botswana

Democratic Republic of Congo

Lesotho

Malawi

Mauritius

Mozambique

Namibia

Seychelles

South Africa

Tanzania

Swaziland

Zambia

Zimbabwe

ANNEXURE B

List of Land Ports of Entry through which Foodstuffs can be Imported into
South Africa from Neighbouring Countries per Province Designated by the South
African Revenue Services (SARS)

PROVINCE

NAME OF BORDER POST

NEIGHBOURING COUNTRY

Northern Province

Groblersbrug

Botswana

Beit Bridge

Zimbabwe

North West Province

Ramatlabama

Botswana

Kopfonteinhek

Botswana

Skilpadshek

Botswana

Mpumalanga

Jeppes Reef

Swaziland

Nerston

Swaziland

Oshoek

Swaziland

Mahamba

Swaziland

Mananga

Swaziland

Lebombo

Mozambique

Free State

Caledonspoort

Lesotho

Fickburg Bridge

Lesotho

Maseru Bridge

Lesotho

Van Rooyenshek

Lesotho

Eastern Cape

Quachasnek

Lesotho

Northern Cape

Nakop

Namibia

Vioolsdrift

Namibia

KwaZulu-Natal

Golela

Swaziland

ANNEXURE C

(GW 22/6)

(GW 22/3)

ANNEXURE D

Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972): List of
Regulations Applicable to Foodstuffs Imported into South Africa

Inspectors.

{}10.(1) The Director-General may authorise such persons as he may deem fit,
as inspectors who shall, subject to his control, be vested with the powers,
duties and functions conferred or imposed on inspectors by this Act.

{}10.(2) Each person authorised under subsection 10.(1) shall be provided
with a letter of authority signed by or on behalf of the Director-General and
certifying that such person has been authorised as an inspector in terms of this
Act.

{}10.(3) The powers, duties and functions of an inspector in terms of this
Act may be exercised or performed -

{}10.(3)(a) in respect of any foodstuff, cosmetic or disinfectant referred to
in section 14.(3), by an officer of the Office of the Commissioner for Customs
and Excise authorised there into in writing, either in general or in a
particular case, by the Commissioner for Customs and Excise;

{}10.(3)(b) for the purposes of the administration of any provision of this
Act by a local authority under section 23., by any person employed by such local
authority as a health inspector and authorised thereto in writing by such local
authority;

{}10.(3)(c) by any member of the South African Police of or above the rank of
sergeant;

{}10.(3)(d) by any member of the South African Police below the rank of
sergeant authorised thereto in writing by a member referred to in paragraph
10.(3)(c).

{}10.(3)(e) in respect of any foodstuff, by any person appointed under
section 18. of the Standards Act. 1962 (Act No. 33 of 1962), as an inspector for
the purposes of that Act.

POWERS, DUTIES AND FUNCTIONS OF INSPECTORS.

{}11.(1) An inspector may at all reasonable times enter upon any premise on
or in which any foodstuff, cosmetic or disinfectant is or is suspected to be
manufactured, treated, graded, packed, marked, labelled, kept, stored, conveyed,
sold, served or administered or on or in which any other operation or activity
with or in connection with any foodstuff, cosmetic or disinfectant is or is
suspected to be carried out, and may, subject to the provisions of this Act -

{}11.(1)(a) inspect or search such premises, or examine, or extract, take and
remove samples of, any foodstuff, cosmetic or disinfectant, found in or upon
such premises, or any appliance, product, material, object or substance so found
which is or is suspected to be used, or to be destined or intended for use, for,
in or in connection with the manufacture, treatment, grading, packing, marking,
labelling. storage, conveyance, serving or administering of any foodstuff,
cosmetic or disinfectant, or for, in or in connection with any other operation
or activity with or in connection with any foodstuff, cosmetic. disinfectant, or
open any package or container of such foodstuff, cosmetic, disinfectant,
product, material, object or substance;

{}11.(1)(b) demand any information regarding any such foodstuff, cosmetic,
disinfectant, appliance, product, material, object or substance from any person
in whose possession or charge it is or from the owner or person in charge of
such premises;

{}11.(1)(c) weigh, count, measure, mark or seal any such foodstuff, cosmetic,
disinfectant, appliance, product, material, object, or substance or its package
or container, or lock, secure, seal or close any door or opening giving access
to it;

{}11.(1)(d) examine or make copies of, or take extracts from, any book,
statement or other document found in or upon such premises and which refers or
is suspected to refer to such foodstuff, cosmetics, disinfectant, appliance,
product material, object or substance;

{}11.(1)(e) demand from the owner or any person in charge of such premises or
from any person in whose possession or charge such book, statement or other
document is, an explanation of any entry in it;

{}11.(1)(f) inspect any operation or process carried out in or upon such
premises in connection with any activity referred to in paragraph 11.(1)(a);

{}11.(1)(g) demand any information regarding such operation or process from
the owner or person in charge of such premises or from any person carrying out
or in charge of the carrying out of such operation or process;

{}11.(1)(h) seize any foodstuff, cosmetic, disinfectant, appliance, product,
material, object, substance, book, statement or document which appears to
provide proof of a contravention of any provision of this Act.

{}11.(2) An inspector referred to in section 10.(1) or 10.(3)(a), 10.(3)(b),
and 10.(3)(d) shall exhibit the written authority by virtue of which he is
authorised as an inspector to any person affected by the exercise or performance
of any power, duty or function of such inspector under this Act.

{}11.(3) The procedure to be followed by an inspector in obtaining,
transmitting for analysis or examination or otherwise dealing with any sample,
shall be prescribed by regulation.

ANNEXURE G

Contact of the Members of the NIDS: Border Control OPCO’S and IMCO’S for
Designated Land Ports of a Entry